Skip navigation
Criminal Legal News

Search

More search options »
163 results
U.S. Sentencing Commission Adopts 2025 Amendments 
to Resolve Circuit Conflicts
Article • August 1, 2025 • from CLN August, 2025
Filed under: U.S. Sentencing Guidelines, Criminal History, Arrest/Arraignment, Sentence Enhancements/Departures
U.S. Sentencing Commission Adopts 2025 Amendments to Resolve Circuit Conflicts by David Kim On April 30, 2025, the United States Sentencing Commission submitted amendments to the federal sentencing guidelines to Congress, set to take effect on November 1, 2025, absent congressional action. These amendments address two significant circuit court conflicts …
Summary of the 2025 Drug Offenses Amendment 
by the U.S. Sentencing Commission
Article • August 1, 2025 • from CLN August, 2025
Filed under: U.S. Sentencing Guidelines, Methamphetamine, Drug Mule, Machine Guns, Safety Valve
Summary of the 2025 Drug Offenses Amendment by the U.S. Sentencing Commission by David Kim On April 30, 2025, the United States Sentencing Commission (“USSC”), an independent agency within the judicial branch established under the Sentencing Reform Act of 1984, promulgated a multi-part amendment to the federal sentencing guidelines addressing …
Fourth Circuit: A Finding of Offering Money to Minor 
for Videos Depicting Specific Conduct Without Establishing 
Order of Events Insufficient to Establish Offer ‘Caused’ 
Minor to Produce Explicit Ma...
Article • July 1, 2025 • from CLN July, 2025
Filed under: U.S. Sentencing Guidelines, Applicable Guidelines Issues
Fourth Circuit: A Finding of Offering Money to Minor for Videos Depicting Specific Conduct Without Establishing Order of Events Insufficient to Establish Offer ‘Caused’ Minor to Produce Explicit Material Within Meaning of Guidelines § 2G2.2(c)(1) Cros by Sagi Schwartzberg The United States Court of Appeals for the Fourth Circuit vacated …
First Circuit Announces What Constitutes ‘Otherwise Using’ 
a Dangerous Weapon for Purposes of the Four-Level 
Enhancement Under Guidelines § 2B3.1(a)
Article • May 15, 2025 • from CLN June, 2025
Filed under: U.S. Sentencing Guidelines, Probation, Sentence Enhancements/Departures
First Circuit Announces What Constitutes ‘Otherwise Using’ a Dangerous Weapon for Purposes of the Four-Level Enhancement Under Guidelines § 2B3.1(a) by Sagi Schwartzberg The United States Court of Appeals for the First Circuit held that the U.S. District Court for the District of Puerto Rico improperly applied the four-level sentencing …
Arkansas Supreme Court Rules § 16-93-609(b)(2)(B), Relating to Parole Eligibility for Residential Burglary Conviction, Applies Retroactively to Defendant
Article • April 15, 2025 • from CLN May, 2025
Filed under: U.S. Sentencing Guidelines, Resentencing, Bank Fraud/Robbery/Theft, Probation, Parole & Supervised Release, Eligibility for Parole
Arkansas Supreme Court Rules § 16-93-609(b)(2)(B), Relating to Parole Eligibility for Residential Burglary Conviction, Applies Retroactively to Defendant by Sagi Schwartzberg by Sagi Schwartzberg The Supreme Court of Arkansas, in two companion cases, held that there was no designation in Appellant’s sentencing order to § 16-93-609 of the Arkansas Code Annotated …
The Murky Waters of Parole
Article • February 1, 2025 • from CLN February, 2025
Filed under: Parole/Probation Searches, U.S. Sentencing Guidelines, Parole Liability, Probation, Parole & Supervised Release
The Murky Waters of Parole by David Reutter by David M. Reutter In most states, the grant of parole is an act of grace. The systems of parole vary amongst the states, but one thing is certain—prisoners have high hopes when they come under review. Another certainty, at least in …
Seventh Circuit Announces Maximum Revocation Sentence for Violation of Supervised Release Based on Classification of Underlying Offense at Time of Conviction, Not at Time of Revocation
Article • December 15, 2024 • from CLN January, 2025
Filed under: U.S. Sentencing Guidelines, Revocation Proceedings
Seventh Circuit Announces Maximum Revocation Sentence for Violation of Supervised Release Based on Classification of Underlying Offense at Time of Conviction, Not at Time of Revocation by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Seventh Circuit held that the maximum sentence a defendant may receive …
First Circuit Holds Government Breached Plea Agreement by Implicitly Arguing for Upward Variant Sentence by Including Pictures and Video of Defendant That Allegedly Depict His Criminal Tendencies in S...
Article • December 15, 2024 • from CLN January, 2025
Filed under: U.S. Sentencing Guidelines, Grounds for Variance, 18 U.S.C. § 3582(c)(2), Plea Agreements/Guilty Pleas, Grounds
First Circuit Holds Government Breached Plea Agreement by Implicitly Arguing for Upward Variant Sentence by Including Pictures and Video of Defendant That Allegedly Depict His Criminal Tendencies in Sentencing Memo by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the First Circuit held that the Government implicitly …
California Supreme Court Announces Retroactivity of 2022 Version of Penal Code § 1170 to Upper-Term Sentences Imposed Before Its Enactment
Article • December 15, 2024 • from CLN January, 2025
Filed under: Retroactivity, U.S. Sentencing Guidelines
California Supreme Court Announces Retroactivity of 2022 Version of Penal Code § 1170 to Upper-Term Sentences Imposed Before Its Enactment by Sam Rutherford by Sam Rutherford The California Supreme Court held that the 2022 amendments to Penal Code § 1170, which limits a trial court’s ability to impose an upper-term sentence …
Third Circuit: Despite ‘Expressly and Repeatedly’ Requesting Low-End Sentence, Government Breached Plea Agreement by Emphasizing ‘Heinous’ Nature of Offense and Presenting Victim-Impact Evidence at Se...
Article • December 1, 2024 • from CLN December, 2024
Filed under: U.S. Sentencing Guidelines, Mitigating Role/Circumstances/Evidence, Reduction of Sentence, Proffer Agreements/Statements/Sessions
Third Circuit: Despite ‘Expressly and Repeatedly’ Requesting Low-End Sentence, Government Breached Plea Agreement by Emphasizing ‘Heinous’ Nature of Offense and Presenting Victim-Impact Evidence at Sentencing Thereby Undermining Recommendation by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Third Circuit held that the Government breached its promise …
California Supreme Court Announces Uncharged and Unproven Offense-Specific Enhancements May Not Be Imposed Under § 1172.6(e) Resentencing
Article • December 1, 2024 • from CLN December, 2024
Filed under: U.S. Sentencing Guidelines, Resentencing, Sentence Enhancements/Departures
California Supreme Court Announces Uncharged and Unproven Offense-Specific Enhancements May Not Be Imposed Under § 1172.6(e) Resentencing by Sam Rutherford by Sam Rutherford The Supreme Court of California held that a trial court may not impose a sentencing enhancement that was neither pleaded and found true by the trier of …
Seventh Circuit Holds Sentencing Guidelines Commentary Still Entitled to Deference
Article • November 1, 2024 • from CLN November, 2024
Filed under: U.S. Sentencing Guidelines, Doubly Deferential Standard
Seventh Circuit Holds Sentencing Guidelines Commentary Still Entitled to Deference by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Seventh Circuit held that Application Notes to provisions of the U.S. Sentencing Guidelines Manual are still entitled to deference, even after a Supreme Court case questioned the …
Third Circuit District Court Erred by Failing to Consider Mitigating Evidence Under § 3553(a) Because It Mistakenly Believed Such Grounds Already Taken Into Consideration Based on Safety-Valve, Mino...
Article • October 1, 2024 • from CLN October, 2024
Filed under: U.S. Sentencing Guidelines, Mitigating Role/Circumstances/Evidence, Sentences - Adjustments and Departures, Disclosure Obligations
Third Circuit District Court Erred by Failing to Consider Mitigating Evidence Under § 3553(a) Because It Mistakenly Believed Such Grounds Already Taken Into Consideration Based on Safety-Valve, Minor Role, and Acceptance of Responsibility Departures in by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Third Circuit …
First Circuit Holds Government Breached Plea Agreement With Defendant by Failing to Explain Why It Agreed to Substantial Downward-Variant Sentence
Article • September 1, 2024 • from CLN September, 2024
Filed under: U.S. Sentencing Guidelines, Sentencing Goals/Purposes/Practices, Plea Agreements/Guilty Pleas
First Circuit Holds Government Breached Plea Agreement With Defendant by Failing to Explain Why It Agreed to Substantial Downward-Variant Sentence by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the First Circuit held that the Government violated the terms of its plea agreement with a defendant where …
First Circuit: Sentencing May Not Be Based Upon Unreliable Hearsay Testimony
Article • August 1, 2024 • from CLN August, 2024
Filed under: U.S. Sentencing Guidelines, Unreliable and Unsubstantiated Assertions, Hearsay Evidence
First Circuit: Sentencing May Not Be Based Upon Unreliable Hearsay Testimony by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the First Circuit remanded a defendant’s case for resentencing after ruling that the U.S. District Court for the District of Puerto Rico relied on impermissible hearsay …
First Circuit: District Court’s One-Sentence Explanation for 10-Year Upward Departure From Sentencing Guidelines Range Insufficient to Justify Significant Variance
Article • August 1, 2024 • from CLN August, 2024
Filed under: U.S. Sentencing Guidelines, Sentences - Adjustments and Departures
First Circuit: District Court’s One-Sentence Explanation for 10-Year Upward Departure From Sentencing Guidelines Range Insufficient to Justify Significant Variance by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the First Circuit overturned a sentence imposed by the U.S. District Court for the District of Puerto Rico, holding …
SCOTUS: Jury, Not Judge, Must Determine Whether Defendant’s Prior Offenses Were Committed on ‘Occasions Different From One Another’ for Enhanced Sentence Under Armed Career Criminal Act
Article • August 1, 2024 • from CLN August, 2024
Filed under: U.S. Sentencing Guidelines, Career Offenders, De Facto Career Offender, Guns - Type of
SCOTUS: Jury, Not Judge, Must Determine Whether Defendant’s Prior Offenses Were Committed on ‘Occasions Different From One Another’ for Enhanced Sentence Under Armed Career Criminal Act by Sam Rutherford by Sam Rutherford The Supreme Court of the United States held that a jury must determine beyond a reasonable doubt whether …
Tenth Circuit Announces Assault Conviction Under 18 U.S.C. § 113(a)(6) Not a Qualifying Predicate ‘Crime of Violence’ for Purposes of USSG § 2K2.1(a)(3)
Article • July 15, 2024 • from CLN July, 2024
Filed under: U.S. Sentencing Guidelines, Physical Force, Use of, Predicate Acts/Offenses
Tenth Circuit Announces Assault Conviction Under 18 U.S.C. § 113(a)(6) Not a Qualifying Predicate ‘Crime of Violence’ for Purposes of USSG § 2K2.1(a)(3) by Douglas Ankney by Douglas Ankney   The U.S. Court of Appeals for the Tenth Circuit held that a conviction for assault resulting in serious bodily injury …
U.S. Sentencing Commission Votes Unanimously to Restrict Use of Acquitted Conduct at Sentencing
Article • June 15, 2024 • from CLN June, 2024
Filed under: U.S. Sentencing Guidelines, Acquitted Conduct/Uncharged Crimes/Dismissed Counts, Uncharged Crimes and Acquitted Conduct, Degree of connection to charged crimes
U.S. Sentencing Commission Votes Unanimously to Restrict Use of Acquitted Conduct at Sentencing by Sam Rutherford by Sam Rutherford   On April 17, 2024, the U.S. Sentencing Commission voted unanimously to limit consideration of conduct for which a person was acquitted in federal court from being used in calculating the …
Fourth Circuit: Maryland’s First-Degree Assault Statute Is Indivisible so Conviction Is Not an ACCA Predicate for Sentencing Enhancement Purposes
Article • May 15, 2024 • from CLN May, 2024
Filed under: U.S. Sentencing Guidelines, Career Offenders, Recidivist Enhancements
Fourth Circuit: Maryland’s First-Degree Assault Statute Is Indivisible so Conviction Is Not an ACCA Predicate for Sentencing Enhancement Purposes by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit held that Maryland’s first-degree assault statute, Md. Code, Art. 27 § 12A -1, is indivisible, and a …
Page 1 of 9. | 1 2 3 4 5 6 7 8 9 | Next »